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HomeMy WebLinkAboutPH 4 PROP EASEMENTS 10-07-91A G E N D A _(t 1 _jATE: SEPTEMBER 26, 1991 PUBLIC HEARING N0. 4 10-7-91 TO: WILLIAM A. HUSTON, CITY MANAGER FRCS;. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION ACQUISITION OF REAL PROPERTY EASEMENTS (SITE ADDRESS: 17575 ��JL)0�k : VANDENBERG LANE) AND CERTIFICATION OF NEGATIVE DECLARATION RECOMMENDATION For consideration by the City Council at their meeting of October 7, 1991 is Resolution 91-134, authorizing the acquisition of certain real property easements through the use of eminent domain proceedings and certifying the Negative Declaration. After receipt of testimony and the closure of the hearing, should the City Council determine that the property is to be acquired through eminent domain proceedings, it would be appropriate to adopt Resolution 91-134 (a minimum of a four-fifths vote (4/5) is required). BACKGROUND: It is recommended that the City acquire easements on a parcel of land on the north side of Vandenberg Lane, west of Prospect Avenue, for the purpose of constructing a domestic water well. The subject property is a portion of Parcel 2 of Parcel Map No. 88-179 filed as instrument No. 88-404-567 in Book 235, Pages 29 and 30 of Parcel Maps, Records of Orange County, California - site address: 17575 Vandenberg Lane. The property is owned by the Prospect Office Partners (Manchester Development Corporation). The easements to be taken are at the location of Assessor's Parcel No. 401-351-04, more particularly described and set forth in Exhibit A of Resolution 91-134. An updated appraisal on the subject parcel was completed on May 20, 1991. A written offer,* based on the appraisal, to purchase the easements was mailed to the owner on August 5, 1991. The owner counter offered subject to a number of conditions not acceptable to the City (see attachments: letters dated. August 16, 1991 and September 12, 1991). An eminent domain hearing has been scheduled for October 7. 1991 at 7:00 p.m. for the City Council to receive input either for or against the City's acquisition of the property by eminent domain proceedings. The purpose of the hearing is restricted under eminent domain law to receiving testimony regarding the following three issues only: 1. Whether the public interest and necessity require the project; Acquisition of Real Property - 17575 Vandenberg Lane and Certification of Negative Declaration September 26, 1991 Page 2 2. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; 3. The property sought to be acquired is necessary for the project. By law, the hearing is not to be conducted for the purpose of discussing the fair market value. DISCUSSION The purpose of the acquisition of the property is to provide adequate land area for the construction of a domestic water well to provide -..for the overall enhancement of the City's domestic water supply. Itis expected that the construction project will commence in late 1991 or early 1992. Actual drilling of the well is expected to last up to three weeks and will require 24 hour per day construction activity. Adequate mitigation measures will be taken to minimize any noise and lighting impacts. The finished product will include a one-story structure, architecturally compatible with the surrounding development, which will house the well. Landscaping around the structure will also be provided. An Initial Study for the acquisition of this property and the construction of the water well has been completed and it has been determined that this project qualifies as a Negative Declaration per the California Environmental Quality Act (CEQA) and City Environmental Impact Report (EIR) guidelines. A copy of the Initial Study and Negative Declaration is attached for the City Council's information. Section 7 of Resolution No. 91-134 certifies the Negative Declaration for the acquisition of said property and the well construction and finds it to be in conformance with both CEQA and City EIR guidelines. After receiving testimony at the public hearing on this matter and City Council determination that the property is to be acquired by eminent domain proceeding, the attached Resolution No. 91-134 will need to be passed and adopted by the City Council. Bob Ledendecker Director of Public Works/City Engineer KP:RSL:klb:WELL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ACQUISITION, OF CERTAIN REAL PROPERTY EASEMENTS AND THE EXPENDING OF FUNDS THEREFOR IN THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS (ASSESSOR'S PARCEL NO. 401-351-04) WHEREAS, the acquisition of certain real property easements located on Assessor's Parcel No. 401-351-04 on the north side of Vandenberg Lane, 350+ feet east of Enderle Center Drive, within the City of Tustin, County of Orange, is needed for public use, namely to be utilized for the construction of a water well facility, and WHEREAS, state law authorizes the eminent domain process for acquisition of property for the above -stated purposes; and WHEREAS, notice of an opportunity to be heard was given to the property owner pursuant to Code of Civil Procedure Section 1245.235, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin determines and orders as follows: Section 1: Public Use The public use to which Assessor's Parcel No. 401-351-04 is to be put consists of the construction of a water well facility which is to be constructed for the purpose of providing the availability of water to the citizens of the City of Tustin. Section 2: Description of Property and Extent of Property to be Taken The real property to be taken in easement at the location of Assessor's Parcel No. 401-351-04 is more particularly described and set forth in Exhibit "A", attached and incorporated herein by reference. Section 3: Statutory Findings The City Council makes the following additional findings: a. The public interest and necessity require the proposed project; b. The water well facility is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21I22 23 24 25 26 27 28 c. The easements described herein are necessary for the proposed project; d. An offer for purchase of the easements located on Assessor's Parcel No. 401-351-04 have been made to the owner of the property pursuant to Government Code Section 7267.2. Section 4: Authorization The City Manager and City Attorney are authorized and directed to perform all acts necessary on behalf of the City for the acquisition of said property and said City Attorney and City Manager are further authorized to prepare, institute and prosecute to conclusion on behalf of the City an action in eminent domain or such proceedings which may be required for the acquisition of the property described herein, or in interest in such property, which cannot be acquired by negotiation or purchase as in their judgment may be necessary or convenient to the successful conclusion of said proceedings. Section 5: Expenditure of Funds The City Manager is hereby authorized to expend funds available to the City for the acquisition of the real property described herein. Section 6: Recording The City Clerk and/or City Attorney are hereby authorized and directed to record a certified copy of this resolution in the office of the County Records, County of Orange. Section 7: Certification of Negative Declaration The Negative Declaration for this project is hereby approved as this document is found to be in conformance with CEQA and State EIR guidelines. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7th day of October, 1991. TTEST: (City Clerk -2- Charles Puckett, Mayor F«102/003 ,Manchester DffeloPment Corporation �. �t . August 16t 1991 r fr I r h Via Facsimile Tranamission James G. Rourke, Esq. Rourke a Woodruff f 701 South Parker Street Orange, California 92668 i Re: acquisition of Permanent and Temporary Eaee�ieri e a property located at 1.7592 East Saventoonth Strut Tustin, California - Parcel Map 88-179 Dear Mr, Rourke: The purpose of this latter is to respOnd t4 y�ur atter to Manchester Development Corporation dieted Ast 51 1091 respecting the above referenced matter. Please ;ivad ised tat Prospect Office Partners, as theownor of the oferenled property, would be favorably disposed to entering into 'an agreement with. the City of Tustin ( the "City") to peermi the city to acquire 'the referenced property "under threat ok con enation" provided the City would be agreeable to the foll o'vinq ; terms and conditions 1. A sales price of $58,340. 2. A closing of this transaction on or b4toree Septe r 30, 1991, 3s Confirmation from they City at the ! ent re of ce Building property ( the roper'tyji ) he acquisition complies with all ity 00d4 Wi readect to parking. 4. Conf �,rmektion from the City that of ter tht cquisi ' ion of the Property by the City there will be suffic ant room to provide for circul4r ingr�dso d e sea throughout the parking lot. io connOction 4&rewit ' we are having a difficult time trying to 46ts ine if the acquisition by the City will 'Close o0 circ lar access throughout the parl�inq tot terh ch ex ate presently. 2100 SOUTH EAST MAIN STREET, SUrM 400 - IRVINE; C"O1 �� Q.2714 ' TELEPHONE (714) 852-8480 0 (8001541-4 MA 0 FA`�C (71 Al 74c')I L 4.4 t_. AJ 1 = 1 t-. �� �_� f--_ t t- l �� �_� .0 1�-_ F• . 0 • r � 1 7*I. DAVID A. OC DCRRY 1:11A10 0. FARRINOTON LO,i C. JCFFACY ROJJCRT W. LUCAS Cmr.RYL,LYNN SUSAN A. MCOWICO OCTTY C. MROUOICH THOMAS F. NIXON JAMCS O. ROURKC JOHN R, SHAW KCNNARO A. SMART, JR. DANIG 1. SPCNCC DANICL K, i,PRAOLIN A6AN R. WATTS wAYNC W WINTHCRS TI.OMAS L, WOODRUFIP LAW OFFICCS OF Rourke & WooJruff A PnorczaIONAL conrORATION SUIT[ 7000 701 SOUYH PARKER STRCCT ORANOC, CALIFORNIA 02668 September 12, 1991• Mr. William A. Imparato Manchester Development Corporation 2100 Southeast Main Street Suite 400 Irvine, CA 92714 TLLCPHONG 17141 430.7000 FACSIMILL 17141 036.7787 WR►TCR'!S DIRECT DIAL NUMDCR s64-2603 Re: Acc�uisition of Permanent and Temporary Easements at Property Located -at -17592 East 17th Street, Tustin,_ California, Parcel Map. _8a-179. Dear Mr, Imparato: This letter is in response to your letter of August 16, 1991 in which you propose to accept the City's offer of $58,340 for the above-described easements subject to certain terms and conditions. Your proposal has been reviewed by this office and City staff members Chris Shingleton, Assistant City Manager., and Bob Ledendecker, Public Works Director. The terms and conditions are unacceptable to the City. Condition 6 is unacceptable because a sign variance request must be evaluated strictly on the basis of the requirements of the municipal code and state law. In fact, the subject variance request has already been denied by the Planning Commission. With respect to your Condition 4, please be advised that the construction of the permanent well site facility will prevent circular ingressand egress throughout that portion of the parking lot. The appraiser was aware of this fact when he prepared his appraisal. This office and City staff will be more than happy to sit down with you to go over the parking lot layout and any other pertinent issues you wish to discuss with us. In the meantime, it is necessary for the City to go forward to acquire these easements so that this project may begin. Accordingly, this letter is to further provide you notice that on October 7, 1991 at 7:00 p. -.m. at City Council Chambers, 300 Centennial Way, Tustin, California, the City Council of the City of ,Mt. William A. Imparato September 12, 1991 Page -2- Tustin 2- Tustin will conduct a hearing on whether to initiate eminent domain proceedings with respect to acquisition of the subject easements previously identified in our correspondence with you. (See attachment). You are given notice that the City Council of the City of Tustin intends to adopt a resolution of necessity initiating eminent domain proceedings for acquisition of these easements, Pursuant to Code of Civil Procedure Section 1245.235(b), you have the right and opportunity to appear and be heard as to the following matters: ' (a) That the public interest and necessity require the acquisition of these easements in order to construct the subject well site; (b) That the well site is planned or located in a manner that will be most compatible with the greatest public good and least -private injury; and (c) That the easements sought to be acquired are necessary for the project. Pursuant to Code of Civil Procedure Section 1240.030, the eminent domain hearing is not for the purpose of discussing the dollar value of the easements in question. The hearing is only for the purpose of hearing testimony as to matters (a) through (c) above. Failure to file a written request to appear and be heard any time prior to the date ofthe hearing on October 7, 1991 will result in waiver of the right to appear and be heard. If you should have any questions regarding this procedure please feel free to call this office, Iftenx: 8:09112191: (H245) Attachment cc: James G. Rourke William Duston Chris Shingleton i Bob Ledendecker Very truly yours, JOHN A. SHAW Assistant City Attorney City of Tustin -, •= Le , �� `• 5 5' !`TEMPORARY CONSTRUCTIONASE .�. ENT '• 5395i' Q , "• ` "S3 � �. N. B6 l✓ WELL SITE S. Do'i¢"/.c 7d EASEMENT •so po' 2015± d=3"-fo 53M - - 5.99 "53 og 1 G T 'oe "w. WZ'Y Z s17.E- �X Dia# NEGATIVE DECLARATION Project Title: Vandenberg Well Site - Property .Acquisition and Well Construction File No.: P.W. #2932 Project Location: North side of Vandenberg Lane west of Prospect Avenue. Site Address: 17575 Vandenberg Lane, Tustin, CA 92680 Project Description: Acquisition of Land and Construction of well. Project Proponent: City of Tustin Public Works Department Contact Person: Robert S. Ledendecker Telephone: (714)544-8890 ext. 281 The Public Works Department has conducted an initial study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby find: That there is no substantial evidence that the project may have a significant effect on the environment. 1X) That potential significant affects were identified, but revisions will be included in the project plans and agreed to by the applicant that would avoid or mitigate the affects to a point where clearly no significant effects would occur. Said revisions are attached to and hereby made a part of this Negative Declaration. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is on file at the Public Works Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of the Negative Declaration. REVIEW PERIOD ENDS 5:00 P.M. ON OCTOBER 3, 1991. DATED: Robert S. Ledendecker Director of Public Works/City Engineer CITY OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM v I. Background 1. Name of Proponent City of Tustin - Public works Department 2. Address and Phone Number of Proponent 15222 Del Amo Avenue, Tustin, California 92680 (714) 544-8890 3. Date of Checklist Submitted 4. Agency Requiring Checklist city of Tustin - Community Development Dept. 5. Name of Proposal, if applicable Vandenberg Well Site - Property Acquisition and Well Construction II. Environmental Impacts (Explanations of all "yes" and "maybe" -answers are required on attached sheets.) • Yes Ma be No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X C. Change in topography or ground surface relief features? X d. The destruction, covering or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any ban, inlet or lake? X Yes Maybe No g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X. 2. Air. Will the proposal result in: a. Substantial air emission or deterioration of ambient air quality? X b. The creation of objectionable odors? X C. Alteration of air movement, moisture, or temperatures, or any change in climate, either locally or regionally? X- 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or.iresh water? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X C. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water in any water body? X- e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or - turbidity? X. f. Alteration of the direction or rate of flow of ground waters? X g. Change in the quantity of -ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X C.9 5. Is 7. Yes Maybe No i. Exposure of people or property to water related hazards such as flooding or tidal waves? X Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants) ? X b. Reduction of the numbers of any unique, rare or endangered species of plants? X C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X d. Reduction in acreage of any agricultural crop?. X Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals . (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? X • C. Introduction of new species of animals , into an area, or result in a barrier to the migration or movement of animals?- X d. Deterioration to existing fish or wildlife habitat? X Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X Light and Glare. Will the proposal produce new light or glare? X Yes Maybe No 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? X X X X X 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? X C. Substantial impact upon existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and/or goods? X Yes Maybe No e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X b. Police protection? X C. Schools? X d. Parks or other recreational facilities? X- e. Maintenance of public facilities, including roads? X f. Other governmental services? X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? X- C. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? X 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards?. 18. Solid Waste. Will the proposal create additional solid waste requiring disposal by the City? 19. Aesthetics. Will the proposal result in the obstruction of any scenic -vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to 'public view? 20. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 21. Cultural Resources a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic. building, structure, or object? C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe No X X X X X X X X X Yes Maybe No 22. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of -the environment substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A'short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will. endure well into the -future). X C. Does the project have impacts which are individually 1iia3*ted, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X III. Discussion of Environmental Evaluation IV. Determination (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Date I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measure described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Signature Robert S. Ledendecker Director of Public Works/City Engineer ATTACHMENT A Discussion of Environmental Evaluation Vandenberg Well Site --Property Acquisition and Well Construction July 31, 1991 Project Description Supplement - The proposed project is the acquisition of a portion of the parcel of property located on the north side of Vandenberg Lane west of Prospect Avenue (that portion of Parcel 2 of Parcel Map No. 88-179 filed as Instrument No. 88-404567 in Book 235, Pages 29 and 30 of Parcel Maps, Records of Orange County, California - Site Address: 17592 E. 17th Street, Tustin, CA 92680) and the construction of a domestic water well at said location. The well pumping facilities will be housed in an enclosed structure roughly 20' X 10', which will be architecturally compatible with the existing development and all required landscaping will be installed. Thus, upon the project's completion, the well and appurtenant equipment will not be visible. Environmental Impacts 1. Earth a. GeoloQic_Substructure For the test hole, existing formations within a maximum diameter of ten inches to a depth of up to approximately 1400 feet will be removed. During drilling, the hole will be kept open by circulating drilling fluid. After geophysical logging and water quality sampling is complete, the hole will be stabilized by filling with gravel and sealing with bentonite. For the production well, existing materials within a diameter of 16 inches to a depth of roughly 1400 feet will be removed. During drilling, the hole will be kept open by circulating drilling fluid. When the well is complete, the hole will be stabilized by casing grouted into place, well screen, and gravel pack. Drilling fluid on the walls of the hole will be removed during well development. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. b. Soil The soil may be compacted for the block building, roughly 20 ft X 10 ft., to house the well and appurtenant equipment. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: This impact will be limited to building site. 2. Air The proposed project will not result in any degradation of existing air quality based upon the South Coast Air Quality Management District guidelines for preparation of Environmental Impact Reports. SOURCES: South Coast Air Quality Management District standards - for preparing EIR documents. MITIGATION MEASURES/MONITORING REQUIRED: None Required. 3. Water e. Water Ouality The quality of the discharges during test hole/well construction varies with the particular activity. The water disposed of during drilling, water quality testing, and development may contain some fines. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRES: The Project Specifications will prohibit the discharge of effluent containing solid materials. All drill cuttings, rotary fluid, and other by- products are to be retained on site to be hauled off and legally disposed of by the contractor. During second stage development, a dispersing agent will be added to the well consisting of 16 pounds of sodium hexametaphosphate, 4 pounds of sodium carbonate, and 1 quart of 5.25% sodium hypochlorate, per 100 gallons of water. All solids pumped out during development are to be retained on site, as above. During disinfection, a granular chlorine compound with 70% free chlorine will be added to the well at a dosage of 2 pounds per 100 feet of water -filled casing and screen. After a period of 24 hours, water in the well will be pumped to waste. f. Groundwater Flow A cone of depression will develop around the well as it is pumped. Groundwater nearby will be drawn toward the well in a radial pattern. The area of influence can be estimated after aquifer tests on the new well have been completed. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. g. Groundwater Quantity A maximum of*roughly 1,500 - 2,000 gpm is expected to be withdrawn from the well. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 4. Plant Life The site is free from significant plant life. SOURCES: Field Observation MITIGATION MEASURES/MONITORING REQUIRED: None Required. 5. Animal Life The site is free of any significant population of animals, fish, or wildlife. SOURCES: Field Observation MITIGATION MEASURES/MONITORING REQUIRED: None Required. 6. Noise a. Existing Noise Levels Operation of a drill rig generates roughly 70 dba for 24 hours a day. Drilling must proceed continuously in order to keep the hole open. _ SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: The Project Specifications require a noise control program that will limit nighttime noise to 60 dba and prohibit the use of air impact wrenches at night. 7.- Light and Glare Nighttime drilling operations will require lighting to meet CAL/OSHA standards. SOURCES: CAL/OSHA MITIGATION MEASURES/MONITORING REQUIRED: The Project Specifications will require the contractor to shield the lighting so that adjacent property owners are not adversely impacted. S. Land Use The proposed project will not result in any substantial alterations to planned land uses for the area. SOURCES: City of Tustin Community Development Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 9. Natural Resources The proposed project will not result in the use of any natural resources or the substantial depletion of any non- renewable natural resource. SOURCES: City of Tustin Public Works Department Field Observation MITIGATION MEASURES/MONITORING REQUIRED: None Required. 10. Risk of Upset The proposed project will not involve a risk of an explosion or the release of hazardous substances in the event of an accident of upset conditions. SOURCES: Orange County Fire Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 0 11. Population As the proposed project does not involve any residential development, it will not result in direct or indirect effects upon population and housing. SOURCES: City of Tustin Community Development Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 12. Housing The proposed project will not result in any direct or indirect effects on housing. SOURCES: City of Tustin Community Development Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 13. Transportation/Circulation Although the proposed project will not generate substantial additional vehicular movement, it will have an effect on existing parking facilities. However, this impact will not be substantial. The Second Amendment to Conditional Use Permit 88-8 requires a minimum of 273 parking spaces to be maintained on the site. According to the approved project plans for the existing development there are currently 285 parking spaces on the site. During construction, there will be a periodic temporary loss of a maximum of 15 spaces. Construction is estimated to last approximately 3 weeks. After construction, there will a permanent loss of three spaces, with a potential periodic temporary loss of an additional four spaces in the permanent maintenance easement. In addition, there will be no substantial impact upon existing transportation systems or alterations to present patterns of circulation or movement of people or goods. There will be no alterations to waterborne, rail, or air traffic, or an increase in hazards. SOURCE: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 14. Public Services e. Maintenance The new well will have to be maintained to the same level as other City wells. The Public Works Department/Water Division will be responsible for the maintenance. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 15. Energy The proposed project will not result in a significant usage of energy and existing facilities will adequately serve the site. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 16. utilities The proposed project will not result in a need for new systems or substantial alterations to the following utilities: power or natural gas, communications, water, sewer or septic tanks, storm water drainage, and solid waste and disposal. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 17. Human Health The proposed project will not result in the creation of any health hazard or potential health hazard or expose people to any health hazard. SOURCES: City of Tustin Building Division MITIGATION MEASURES/MONITORING REQUIRED: None Required. 18. solid Waste Additional solid way may be generated during the construction of the well. Once the proposed project will create no additional waste requiring disposal. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: During construction solid waste generated will be removed from the site by the contractor. 19. Aesthetics The proposed project will not result in the obstruction of any scenic vista or view open to the public, nor will it result in the creation of an aesthetically offensive site open to public view. SOURCES: City of Tustin Public Works Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 20. Recreation The proposed land acquisition will not result in any impact upon the quality or quantity of existing recreational opportunities. SOURCES: City of Tustin Community Services Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 21. Cultural Resources The proposed project will*not have any effect on the cultural resources in that,the General Plan does not identify any cultural resources on that property on in the immediate vicinity. SOURCES: City of Tustin Community Development Department MITIGATION MEASURES/MONITORING REQUIRED: None Required. 22. Mandatory Findings of Significance The proposed project will not result in any significant adverse impacts on the environment. SOURCES: As previously noted. MITIGATION MEASURES/MONITORING REQUIRED: As previously noted. KLB:KATIE2 Notice of Determina iteawn -- To: Office of Planning and Research SCP 2 4 199i From: 1400 Tenth Street, Room 121 Sacramento, CA 95814 CowU NTV DEVIEDPWT X COUNTY CLERK OF ORANGE COUNTY 700 CIVIC CENTER DRIVE WEST SANTA ANA, CA 92701 C -19d - /Q CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 CENTENNIAL WAY TUSTIN. CA 92680 FILE® AUG 0 8 M ` GARY L. V Colt CIA Subject. Filing of Notice of Determination in compliance with Section !10807r, 2 t the Public Resources Code. Prospect Property Land Acquisition Project Title Mate Clearinghouse Number Lead Agency Area Code/Telephone/Extension (If submitted to Clearinghouse) Contact Person Project Location (include county) A.P. No. 401-582-02, City of Tustin, County of Orange, State of California 92672 Project Description: The project is the acquisition of the parcel of property located on the easterly side of Prospect Avenue, one lot north of Main Street, for the purpose of expanding and improving the City's Water system. This is to advise that the City of Tustin - has approved the above descriL, ® Lead Agency ❑ Responsible Agency July 1, 1991 and has made the following determinations regarding the above described project: tD,m) 1. The project [❑will [Nwill not] have a significant effect on the environment. 2. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ® A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. ivutigation measures [®were ❑were not] made a condition of the approval of the project. 4. A statement of Overriding Considerations (❑was ®was not] adopted for this project. 5. Findings [❑were ®were not] made pursuant to the provisions of CEQA. This is to certify that the Negative Declaration with comments and responses and record of project approval is available to the General Public at: Tustin City Hall, 15222 Del Amo Avenue Tustin CA 92680 (Public Agency) Date received for filing at OPR: ,�O - C//Assistant Director of Community Development M nDate F M .SEP 2 5 1991 TUSTIN PUBLIC NN'MKS DcPl. Title Revised October 1989 Y CALIFORNIA DEPAR'T'MENT OF FISH AND GAME CERTIFICATE OIV FEE EXEMPTION De Minimis Impact Finding Project TitleA ovation (include county): East side of Prospect Avenue, A. P. No. 401-582-02, one lot north of Main Street City of Tustin, County of Orange, State of California 92680. Project Description: Acquisition of the land. Findings of Exemption (attach as necessary): The aforementioned_ project involves no potential for any adverse effect, either individually or cumulatively; on wildlife resources, as determined in the Initial Study completed pursuant to the requirements,of the California Environmental Quality Act, and therefore is exempt from paying fees pursuant to AB 3158, Chapter 1706, Statutes of 1990. Certification: I hereby certify that The City of Tustin has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Section 711.4, Fish and Game Code DFG:12/90 Community Develo ent Director City of Tustin Date: August 2, 1991 9 DAVID A. D[ BERRY CRAIG G. FARRINGTON LOIS E. JEFFREY ROBERT W. LUCAS CHERYL LYNN SUSAN R. MEOWIED BETTY C. MRGUDICH THOMAS F. NIXON JAMES G. ROURKE JOHN R. SHAW KENNARD R.$MART, JR DANIE I. SPENCE DANIEL K. SPRAOLIN ALAN R. WATTS WAYNE W. WINTHERS THOMAS L. WOODRUFF LAW OFFICES OF Rourhe & �`ooc�ruii A PROFESSIONAL CORPORATION SUITE 7000 701 SOUTH PARKER STREET ORANGE. CALIFORNIA 92666 Michael A. Baruch, Esq. 16133 Ventura Blvd. Suite 850 Encino, CA 91436 August 8, 1991 Re: Tustin v. Perfit/Eminent Domain Action - Notice of Ex Parte Request for Order of Immediate Possession Dear Mr. Baruch: AUG 9 TELEPHONE 17141 S58-7000 f'• FACSIMILE IJI�1„839'7187' SSS WRITER'S DIRECT OIAL NUMBER 564-226603 (-490 -,S`0 Please be advised that the City of Tustin shall file an ex parte request for order of immediate possession for that certain real property identified as Assessor's Parcel No. 401-582-02 within the City of Tustin, owned by your client June Perfit, on August 14, 1991 at 1:15 p.m. in Department 24 of the Orange County Superior Court, located at 700 Civic Center Drive West, Santa Ana, California. Please find enclosed the City's ex parte application documents which include: Summons and Complaint; Lis Pendens; Concurrent Deposit of Probable Compensation and Request for Order Directing that Such be Deposited.with the Treasurer of Orange County; Order Directing that the Amount of Probable Compensation Deposited with the Clerk of the Court be Deposited with the Treasurer of Orange County; Order of Deposit; Application for Order of Immediate Possession; Order of Immediate Possession; and Points and Authorities and supporting Declarations. Very truly yours, ROURKE & WOODRUFF n - JOHN . SHAW IRS:m:D:08/06/91:(H212) Enclosures cc: June Perfit James G. Rourke, Esq.